Wednesday, April 22, 2009

Croitoru (not precedential): The Ultimate Expression Of Frustration With USCIS Refusal To Provide Information

In re Gheorghe Croitoru
No. 09-1675
Not Precedential
http://www.ca3.uscourts.gov/opinarch/091675np.pdf
April 20, 2009

Judges Barry, Ambro, and Smith. Per Curiam decision.

I admire the enthusiasm of Mr. Croitoru, who it seems is so frustrated that it is difficult to obtain a copy of his entire immigration file (also referred to as his A-file or alien file) along with the file of his parents, that he went off and filed a writ of mandamus in the Third Circuit against USCIS! Love the enthusiasm.

Unfortunately, the Third Circuit pointed out you need to file the writ of mandamus in the district court first, not directly in the Third Circuit. And also, you would need to show that no alternative remedy is available. The Third Circuit referred to FOIA, perhaps not knowing that FOIA takes an extremely long time for USCIS to respond to (and many people say the quality and quantity of their responses are quite disappointing).

Nevertheless, the debate about whether a FOIA would effectively be futile must be heard first in the district court, not the Third Circuit. So this case is truly fascinating for the depths of frustration USCIS causes someone who earnestly seeks a copy of his own file (and that of his parents). Good luck, Mr. Croitoru!

5 Comments:

Anonymous Anonymous said...

If this is regarding Gheorghe Croitoru that lived in Boyne Falls, Mi, I hope I can help. He was deported to Europe and is trying to get home. I grew up with him, he was my brothers best friend they went to Boyne Falls Public School together. Is there a way that I can see if the school has his immigration file or somthing, so I can get him back home?

2:32 AM  
Anonymous Anonymous said...

U.S. government clearly is aware that he, gheorghe crotirou, is an American (U.S. Citizen)as the United States of America (Federal Prosecutor, Paul A. Tuchmann) announced several times in federal court that that the Defendant Mr. Croitrou is a derivative U.S. Citizen through the naturalization of his mother when his mother had naturalized when Mr. Crotioru was 14 years old! And announced pursuant to section 320 of the INA. Its on record and the they provided him with a redacted version, not the authentic version, due to that they knew and know that they; the U.S. gov. had wrongfully or illegally done waht they had done; sending an American abroad by force and to a country that did not recognize him as a national of that foreign country, that he was forced to appear at. All had been done illegally, and the gov., including the courts, are fully aware of! He was given a federal Judge that, was impartial!, as it turned out to be from the begining that the Judge himself had brought forth charges against him, and not the gov., because the gov. would always say to the Judge in court, that, Mr. Croitoru is a derivative U.S. Citizen and the Judge playing games as he failed, like always, to release him from wrongfull incarceration!!! That is Wrong!!!

10:27 AM  
Anonymous Anonymous said...

I.C.E., the well known INS, like/loves to Violate all the Articles and laws as they can so they can ruin innocent peoples lives as they did in the past and they will as always. Regarding gheorghe croitrou, ICE and the entire government played a scheme game on him for absolutely nothing. United States of America follows Roman tradition as seen under 7 fam as it is the law and/or policy including the regulations that the State department follows. gheorghe croitoru fled romania as its on record and the federal Judge jack B. Weinstein including the state of california and Michigan, N.J. and the United States! The government violated this Article as well, like they always do! :ARTICLE 27
The loss of the Romanian citizenship by the approval of the renunciation does not produce
any effect upon the spouse or minor children citizenship.
9
Nevertheless, if both parents obtain the approval of the renunciation at the Romanian
citizenship and the minor child is together with them abroad or lives the country together with them,
the minor loses the Romanian citizenship together with his parents and if these ones have lost the
Romanian citizenship on different dates, on the last of these dates. The minor child who, in order to
domicile abroad, lives the country after both parents have lost the Romanian citizenship loses the
Romanian citizenship on the date of his leaving from the country.

10:24 AM  
Anonymous Anonymous said...

Therefore, the Judes and the United States gives false allegations that its both parents when in reality a child derives and aqcuires U.S. nationality and Citzenship through one parent!!! Not both!! Section 301 of the INA; section 320

10:27 AM  
Anonymous Anonymous said...

He's naturalized through the naturalization of his parent father pursuant to and according to section 341 of the Act (I.N.A.) He's a "national under 101(a)(21) of the I.N.A.

5:38 AM  

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